

Links: Home \| swarblaw - law discussions		swarb.co.uk - law index These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
		Company - From: 1997 To: 1997 This page lists 68 cases, and was prepared on 02 April 2018. Â Secretary of State for Trade and Industry v McTighe [1997] BCC 224 1997 CA Morritt LJ Company Morritt LJ, giving the judgment of the court, distinguished between the conduct of two directors, disqualifying one for twelve years and the other for eight. He said: “The period for disqualification is a matter for the discretion of the judge hearing the application to be exercised in accordance with the relevant principles. One such principle is the recognition of the categories of case indicated by this court in Re Sevenoaks Stationers (Retail) Ltd " Company Directors Disqualification Act 1986 1 Cites 1 Citers Â Mitchell v Scottish Eagle Insurance Ltd 1997 SLT 793 1997 Company 1 Citers Â Secretary of State for Trade and Industry v Gash [1997] 1 BCLC 341 1997 Chadwick LJ Company The court considered the possible propriety of a company continuing to trade whilst insolvent: "The companies legislation does not impose on directors a statutory duty to ensure that their company does not trade while insolvent; nor does that legislation impose an obligation to ensure that the company does not trade at a loss. Those propositions need only to be stated to be recognised as self-evident. Directors may properly take the view that it is in the interests of the company and of its creditors that, although insolvent, the company should continue to trade out of its difficulties. They may properly take the view that it is in the interests of the company and its creditors that some loss-making trade should be accepted in anticipation of future profitability." 1 Citers Â Re Pinemoor Ltd [1997] BCC 708 1997 ChD Chadwick J Company Chadwick J said: "It would be preferable, for the future, if those preparing and swearing affidavits in support of applications under this Act were careful to distinguish between facts which they are able to establish by direct evidence, the inferences which they invite the court to draw from those facts, and the matters which are said to amount to unfitness on the part of the respondent. If those distinctions were observed, it might lead to respondents concentrating more closely on those factual matters to which they actually need to respond by affidavit evidence under r. 6". Company Directors Disqualification Act 1986 1 Citers Â Tekem Sea Abyss Ltd v Brandston Ltd; 'The Ocean Enterprise' Unreported, 09 January 1997 9 Jan 1997 AdCt Geoffrey Brice QC Transport, Company, Contract ComC Shipping - registration of ships - - no statutory power to expunge the register - inherent - sale of ship to company in which seller held interest - fiduciary duty - breach - voidable contract - classification as 'goods' - Sale of Goods Act 1979 - goods - passing of voidable title - good faith - knowledge of company Company - power of director to bind company - agency - actual and ostensible authority Company - goods - passing of voidable title - Sale of Goods Act 1979 section 23 - good faith - knowledge of company Sale of Goods Act 1979 23 - Merchant Shipping Act 1995 10(2)(I) Â In the Matter of Linkside Development Limited Peter Leslie Bernard Ross v Elaine Telford Linkside Development Company Limited [1997] EWCA Civ 765 13 Jan 1997 CA Lord Justice Nourse Mr. Justice Cazalet Company The applicant sought a stay of an order made in proceedings against the company. It could not be said that her appeal might not succeed, but her appeal might well prove fruitless because of other actions against the company. Nevertheless, the judge's order was stayed to allow an expedited appeal. Companies Act 1985 371 [ Bailii ] Â TK Air Travel Limited (In Liquidation) v Kiazim and Kiazim [1997] EWCA Civ 768 13 Jan 1997 CA Morritt LJ, Sir Ralph Gibson Company, Insolvency Whether bank accounts operated by directors contained the company's assets. [ Bailii ] Â Peach Publishing Limited v Slater and Co (a Firm) [1997] EWCA Civ 770 14 Jan 1997 CA Company, Costs Application for security for costs. Companies Act 1985 726(1) [ Bailii ] Â Secretary of State for Trade and Industry v Elms Unreported 16 January 1997 16 Jan 1997 Judge Cooke Company "At the forefront of the test I think I have to go on to consider by way of further analysis both what Millett J meant by "functions properly discharged only by a director", and Mr Lloyd QC meant by "on an equal footing". As to one it seems to me clear that this cannot be limited simply to statutory functions and to my mind it would mean and include any one or more of the following: directing others, putting it very compendiously, committing the company to major obligations, and thirdly (really I think what we are concerned with here) taking part in an equally based collective decision process at board level, i.e. at the level of a director in effect with a foot in the board room. As to Mr Lloyd's test, I think it is very much on the lines of that third test to which I have just referred. It is not, I think, in any way a question of equality of power but equality of ability to participate in the notional board room. Is he somebody who is simply advising and, as it were, withdrawing having advised, or somebody who joins the other directors, de facto or de jure, in decisions which affect the future of the company?" 1 Cites 1 Citers Â Regina v Department of Trade and Industry ex parte Roger Levitt [1997] EWHC Admin 19 16 Jan 1997 Admn Company [ Bailii ] Â Hurst v Bryk Times, 20 March 1997; [1997] EWCA Civ 916 4 Feb 1997 CA Company, Landlord and Tenant The end of a partnership did not break a former partner's obligation to the other partners on a lease held for the partnership. 1 Cites 1 Citers [ Bailii ] Â Michael Joseph Moore Philip Monjack v Richard Alfred Gadd Ada June Gadd Gazette, 26 February 1997; [1997] EWCA Civ 931; Times, 17 February 1997 5 Feb 1997 CA Limitation, Company The normal limitation period applies to directors' disqualification applications. Limitation Act 1980 39 1 Citers [ Bailii ] Â Finian Paul Louis Manson and Roger Smith (Liquidator of Thomas Christy Limited) [1997] EWCA Civ 1009 13 Feb 1997 CA Company, Insolvency [ Bailii ] Â Re Corfe Joinery Ltd Gazette, 19 February 1997 19 Feb 1997 CC Company Early repayment of loan to company directors before insolvency was void. Insolvency Act 1986 239(6) Â Mitchell and Another v Carter and Another [1997] EWCA Civ 1067; [1997] 1 BCLC 673 21 Feb 1997 CA Insolvency, Company 1 Cites 1 Citers [ Bailii ] Â Â Malhotra v Dhawan; CA 26-Feb-1997 - [1997] EWCA Civ 1096; [1997] 8 Med LR 319 Â Â Secretary of State for Trade and Industry v John Kevin Ashcroft; Barry Copp-Barton; Colin Graham Fynlo Corlett and Victoria Lilian Gay Sutcliffe; CA 26-Feb-1997 - Gazette, 19 March 1997; Times, 04 March 1997; [1997] EWCA Civ 1101 Â Antoniades v Kin ; Re Full Cup International Trading Ltd [1997] EWCA Civ 1162; [1998] BCC 58 5 Mar 1997 CA Mummery J Company The form of relief under section 461 is discretionary and on an appeal as to the judge’s choice of remedy or relief it has to be shown that his order was outside the generous ambit within which disagreement is possible or is otherwise reviewable on the grounds of which an exercise of discretion can be reviewed on appeal. The judge correctly exercised his wide discretion on unfair conduct by saying that no relief would meet the justice of the case. He had not been asked to wind up the business and left the provisional liquidator to make the relevant investigation. Companies Act 1985 451 1 Citers [ Bailii ] Â Official Receiver v Daniel Peter Hannan and another Times, 20 March 1997; [1997] EWCA Civ 1254 20 Mar 1997 CA Company A court can correct an imperfect director disqualification order under the slip rule. Rules of the Supreme Court Order 20 R 11 [ Bailii ] Â In the Matter of Serif Systems Limited [1997] EWHC Admin 369 15 Apr 1997 Admn Company, Crime Application to set aside leave to move for judicial review and a stay of criminal proceedings. [ Bailii ] Â In Re Philip Powis Ltd Times, 30 April 1997 30 Apr 1997 ChD Company Court has no power to continue an action abated by dissolution of company defendant. Companies Act 1985 651 Â Regina v Highbury Corner Magistrates' Court ex parte Samuel Antonelli [1997] EWHC Admin 426 30 Apr 1997 Admn Crime, Insolvency, Company [ Bailii ] Â In the Matter of Pectel Limited; Mark Anthony O'Neill; Linda Ann O'Neill v Michael Phillips; LiSA Phillips and Pectel Limited [1997] EWCA Civ 1591 1 May 1997 CA Company, Insolvency The petitioners sought either the purchase of their shares, or the winding up of the company alleging unfair prejudice in the management of the company. The defendants argued that what was complained of did not fall within section 459 since it was not complained of in their capacity as shareholders. Held: Though the petitioner was not entitled to insist on participating, the majority shareholders were to be obliged to purchase his minority interest with no discount for it being a minority. Insolvency Act 1986 - Companies Act 1985 1 Cites 1 Citers [ Bailii ] Â Magee v Grace and Kirkham (Sued on Behalf of Themselves and All Other Members of the Committee of Ansdell Institute and Social Club As at 9 December 1992 and All Those Serving on the Said Committee Since That Date Except John [1997] EWCA Civ 1647 8 May 1997 CA Company [ Bailii ] Â Magee v Grace and Kirkham (Sued on Behalf of Themselves and All Other Members of the Committee of Ansdell Institute and Social Club As at 9 December 1992 and All Those Serving on the Said Committee Since That Date Except John [1997] EWCA Civ 1646 8 May 1997 CA Company [ Bailii ] Â Â Secretary of State for Trade and Industry v Tjolle and Others; ChD 9-May-1997 - Gazette, 18 June 1997; Times, 09 May 1997; [1998] 1 BCLC 333 Â Â Secretary of State for Trade and Industry v Richardson and Another; ChD 16-May-1997 - Times, 16 May 1997; Gazette, 21 May 1997 Â Heard-White and Another v Alexander [1997] EWCA Civ 1765 23 May 1997 CA Company [ Bailii ] Â Landhurst Leasing Plc v Marcq [1997] EWCA Civ 1806 6 Jun 1997 CA Company [ Bailii ] Â Association of Public Certified Accountants v Secretary of State for Trade and Industry Gazette, 17 September 1997; Times, 12 June 1997 12 Jun 1997 Chd Company A company can be ordered to change name only if the name is misleading and there is likely to be damage resulting from that confusion. The test is to be applied as at the date of the hearing. Companies Act 1985 32 Â Harris Kafton v Alan Houston and D Houston [1997] EWCA Civ 1863 13 Jun 1997 CA Insolvency, Company [ Bailii ] Â Re Harvard Securities [1997] EWHC Comm 371; [1998] BCC 567; [1997] 2 BCLC 369 20 Jun 1997 ComC Neuberger J Insolvency, Company Insolvency Act 1986 112 [ Bailii ] Â Peter Leslie Bernard Ross v Elaine Telford Linkside Development Company Limited [1997] EWCA Civ 1948 24 Jun 1997 CA Family, Company [ Bailii ] Â Rajendra Popat v Dinesh Shonchatra Times, 04 July 1997; Gazette, 09 July 1997; [1997] EWCA Civ 1966; [1997] 1 WLR 1367 25 Jun 1997 CA Nourse LJ Company Partnership assets, both as to capital and revenue were to be divided equally between the partners in the absence of an agreement otherwise even though they had made an unequal contribution. Partnership Act 1890 24 1 Cites 1 Citers [ Bailii ] Â Mayers v BG Funding Ltd and others [1997] EWCA Civ 1991 27 Jun 1997 CA Company Renewed application for leave to appeal. 1 Citers [ Bailii ] Â WRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood, Burcher, Wood, Chick, Irving [1997] EWCA Civ 2025 3 Jul 1997 CA Millett LJ, Sir Brian Neill Company, Contract Expedited application for a stay of execution on a judgment on a counterclaim. 1 Citers [ Bailii ] Â Ross v Telford and Another Times, 04 July 1997; Gazette, 16 July 1997 4 Jul 1997 CA Company The court's power to order a company meeting to be held is not to be construed so as to allow court to break a deadlock artificially by resolving an impasse between equal shareholders. Companies Act 1985 371 Â Nicholson, Pizzini v Abernethy [1997] EWCA Civ 2034 7 Jul 1997 CA Company [ Bailii ] Â Â Regina v Cole; Regina v Lee; Regina v Birch; CACD 16-Jul-1997 - Gazette, 16 July 1997 Â Hi-Tek Bags Limited v Sun 99 Limited and Another [1997] EWCA Civ 2141 18 Jul 1997 CA Lord Justice Leggatt, Lord Justice Morritt, Lord Justice Brooke Company, Costs The defendant appealed an order requiring it to give security for costs under s726. Held: There were clear reasons for doubting the amounts sought by the plaintiffs, but some sum was properly required, and a lower sum was substituted. Companies Act 1985 726 [ Bailii ] Â Secretary of State for Trade and Industry v Jabble and Others Times, 05 August 1997; Gazette, 17 September 1997; [1997] EWCA Civ 2162 22 Jul 1997 CA Millett LJ Company The Secretary of State sought company director disqualification orders. The defendants challenged the administrative receivership, saying that the appointment of the administrative receiver was invalid, and hence that the conditions of section 6 were not satisfied and the Secretary of State was not entitled to rely on the section as the basis for the disqualification proceedings. Held: Neither the company nor the appointor was party to the proceedings. It was not appropriate to challenge a debenture over company assets in director disqualification proceedings many years later. Millett LJ: "So it comes about that we are asked to pronounce upon the conditional or unconditional nature of a debenture and guarantee and the validity of an appointment of an administrative receiver in proceedings to which neither the company which granted the debenture, nor the bank to which it was granted, nor even the administrative receiver whose appointment is challenged, are made parties. In my judgment the proceedings are completely misconceived. If the debenture and guarantee were indeed conditional and the condition was not satisfied, or if the appointment of the administrative receiver was invalid, then McIvor could have brought proceedings against the bank to have the appointment declared void. Despite the passage of more than five years since the administrative receiver was appointed, McIvor has never challenged the appointment. The administrative receivership is long since spent. The assets of McIvor have been distributed, no doubt to the prejudice of the unsecured creditors and to the advantage of the bank. The appellants, who remained directors of McIvor … never took any steps either to replace themselves as directors of McIvor or to procure McIvor to bring proceedings to challenge the appointment of the administrative receiver. They themselves never had any standing to challenge the appointment even in proceedings properly constituted against the bank. But they seek to do so now in their own right as directors or former directors of McIvor and not as creditors, in the absence of McIvor and in proceedings brought by the Secretary of State to which the bank is not a party. In my judgment they have no standing to do so." Company Directors Disqualification Act 1986 1 Citers [ Bailii ] Â Country Farm Inns Ltd Re; Secretary of State for Trade and Industry v Trevor Paul Ivens Jane Hilary Ivens [1997] EWCA Civ 2203 25 Jul 1997 CA Company Company Directors Disqualification Act 1986 [ Bailii ] Â Â Russell (for and on Behalf of Ebbw Vale Rugby Football Club) v Vernon Pugh QC etc; CA 1-Aug-1997 - [1997] EWCA Civ 2286 Â Secretary of State for Trade and Industry v Carter and Others Times, 14 August 1997 14 Aug 1997 ChD Neuberger J Company Affidavits supporting application to disqualify a company director must distinguish between fact, argument and the fault claimed. The respondents in such an application should be encouraged to focus on the essential factual matters in their affidavits in response. The liquidators, in their evidence should equally distinguish clearly between the facts bringing the case before the court and the matters upon which the allegations of unfitness were based. Company Directors Disqualification Act 1986 - Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (1987 No 2023) 6 Â Dr Jyoti G Sheth v Dr David Cooper [1997] EWCA Civ 2305 20 Aug 1997 CA Company [ Bailii ] Â Â Yukong Lines Ltd v Rendsburg Investments Corporation and Others (No 2); QBD 23-Sep-1997 - Times, 30 October 1997; [1998] 1 Lloyd's Rep 322; [1998] 1 WLR 294; [1998] 4 All ER 82; [1998] 2 BCLC 485; [1998] BCC 870 Â Secretary of State for Trade and Industry v Ivens and Another Times, 24 September 1997 24 Sep 1997 ChD Company Evidence of activities of director in non-insolvent but associated company admissible in disqualification proceedings. Company Directors Disqualification Act 1986 6 1 Citers Â Bermuda Cablevision Limited and others v Colica Trust Company Limited Times, 31 October 1997; [1997] UKPC 44 6 Oct 1997 PC Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Cooke of Thorndon Lord Clyde Company, Commonwealth (Bermuda) An alternative remedy to winding up is available to a shareholder where oppressive conduct is alleged, though the main thrust is that the conduct is unlawful. Companies Act 1985 459 - Companies Act 1981 (Bermuda) 111 1 Cites [ Bailii ] Â Sutherland; Berg; Wyman; Hiscock and Wise v Barnes [1997] EWCA Civ 2444 8 Oct 1997 CA Company, Health Professions, Litigation Practice Application for leave to appeal - order dissolving doctors' partnership. [ Bailii ] Â Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton [1997] EWHC Admin 851 9 Oct 1997 Admn Magistrates, Company The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued. Held: Of the summonses to be continued it could not be said that they had no prospect of success or that they were merely technical. Whilst the Director of Public Prosecutions might properly interfere to drop the cases, it was not for the court to do do. Gage J: "As to in what circumstances the court will intervene the authorities go no further than to describe those circumstances in general terms, using such words and phrases as oppressive, vexatious, truly oppressive or a manipulation of the court's process. All the authorities show it will be only in rare and exceptional cases that this court will intervene. " 1 Cites Â Â Stein v Blake and others; CA 13-Oct-1997 - [1997] EWCA Civ 2474; [1998] 1 All ER 724; [1997] EWCA Civ 4002; [1998] 1 BCLC 573; [1998] BCC 316 Â John Wray v Anthony Naylor [1997] EWCA Civ 2467 13 Oct 1997 CA Company [ Bailii ] Â Â Regina v Vandervell; CACD 30-Oct-1997 - [1997] EWCA Crim 2716 Â Madden v UDC Finance Limited and others [1997] UKPC 52 30 Oct 1997 PC Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Saville, Mr Justice Gault Commonwealth, Company, Contract (New Zealand) The company issued a debenture to secure the funds for the purchase of machinery, but the debenture was not at first dated. It was submitted that the addition of the dates changed the nature of the loan and was ineffective being insufficiently evidenced in writing. Held: The insertion of the dates was a matter of pure form and was not a material alteration invalidating the charge. The guarantor alleged that since he had not consented to the sale of the equipment he was discharged from his guarantee. That argument failed from a proper construction of the agreement. 1 Citers [ Bailii ] Â Regina v Chester and North Wales Legal Aid Area Office Ex Parte Floods of Queensbury Ltd Times, 07 November 1997; [1997] EWHC Admin 883 7 Nov 1997 QBD Legal Aid, Company It was possible for a body to apply for legal aid but only if it was genuinely acting in a fiduciary capacity as trustee, not mere contractual representative. Legal Aid Act 1974 2(10) - Legal Aid Act 1988 2(10) 1 Citers [ Bailii ] Â Henderson v Unichem Plc and AAH Pharmaceuticals Limited [1997] EWCA Civ 2666 7 Nov 1997 CA Company [ Bailii ] Â Â In the Matter of Blackspur Group Plc; Secretary of State for Trade and Industry v Davies; Thomas; Thompson; Andrew; CA 19-Nov-1997 - Gazette, 08 January 1998; Times, 09 December 1997; [1997] EWCA Civ 2762; [1998] 1 WLR 422 Â WRM Group Limited (Formerly Known As WRM Logistics Limited) v Clive James Wood; John Stephen Burcher; Barry James Wood; Graham Andrew Chick and Peter Henry Irving [1997] EWCA Civ 2802; [1998] CLC 189 21 Nov 1997 CA Morritt LJ, Buxton LJ Company, Contract Breach of share sale agreement. 1 Cites 1 Citers [ Bailii ] Â Regina v Thames Magistrates' Court ex parte Horgan Times, 09 December 1997; Gazette, 17 December 1997; [1997] EWHC Admin 1045 25 Nov 1997 Admn Criminal Practice, Company That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily. Magistrates Courts Act 1980 127 - Companies Act 1986 731(2) [ Bailii ] Â Coulthard, Ashton Shuttleworth, and Dawes v Neville Russell (a Firm) Times, 18 December 1997; [1997] EWCA Civ 2837; [1998] 1 BCLC 143; [1998] PNLR 276 27 Nov 1997 CA Chadwick LJ Professional Negligence, Company Auditors who were in a position to advise a company's directors as to the legality of them making loan payments to a shell company which was acquiring there shares had a duty so to advise. The directors of a company sued them for failing to warn them that a loan made by the company might constitute a breach of section 151 of the Companies Act 1985 and thus should have led to a qualified audit report: their claim was for the loss which disqualification proceedings consequent upon the breach of section 151 had caused them. The auditors sought to strike out the claim on the ground that it was no part of auditors' duties to protect directors personally from the consequences of their mistakes and wrongdoing. The auditors succeeded. Held: On appeal the court allowed the directors' appeal. The complaint involved an allegation that the existence of the loan should have led to a qualified report: "I remind myself that this is an application to strike out…In my view the liability of professional advisers, including auditors, for failure to provide accurate information or correct advice can, truly, be said to be in a state of transition or development. As the House of Lords has pointed out, repeatedly, this is an area in which the law is developing pragmatically and incrementally. It is pre-eminently an area in which the legal result is sensitive to the facts. I am very far from persuaded that the claim in the present case is bound to fail whatever, within the confines of the pleaded case, the facts turn out to be. That is not to be taken as an expression of view that the claim will succeed; only as an expression of view that this is not one of those plain and obvious cases in which it could be right to deny the plaintiffs the opportunity to establish their claim at trial." Companies Act 1986 151 1 Citers [ Bailii ] Â Khan and others v Miah and others Times, 13 January 1998; [1997] EWCA Civ 2890; [1998] 1 WLR 477 3 Dec 1997 CA Roch LJ Company An agreement to set up a business, which went as far as including some preparatory acts, was not a partnership until there was some actual trading. Whether a partnership had come into existence was a question of fact in the particular circumstances. Partnership Act 1890 1 Cites 1 Citers [ Bailii ] Â Edward Taylor (By her Next Friend Nigel Hamilton-Smith) v Malcolm Grier [1997] EWCA Civ 2885 3 Dec 1997 CA Company 1 Cites 1 Citers [ Bailii ] Â Verband deutscher DaihatsuHandler v Daihatsu Deutschland C-97/96; [1997] EUECJ C-97/96 4 Dec 1997 ECJ C. Gulmann, P European, Company ECJ Company law - Annual accounts - Penalties for non-publication - Article 6 of the First Directive 68/151/EEC Directive 68/151/EEC [ Bailii ] Â Cooperatieve Rabobank 'Vecht en Plassengebied' v Minderhoud C-104/96; [1997] EUECJ C-104/96 16 Dec 1997 ECJ European, Company ECJ (Judgment) Company law - First Directive 68/151/EEC - Scope - Representation of a company - Conflict of interests - Lack of authority of a director to enter into a binding transaction on behalf of the company [ Bailii ] Â Secretary of State for Trade and Industry v Griffiths; Conway and Wassell; In Re Westmid Packing Services Ltd Times, 29 December 1997; [1997] EWCA Civ 3013; [1998] 2 All ER 124 16 Dec 1997 CA Company Guidance given on what evidence should be admitted to affect the length of disqualification and conditions of Director's disqualification. A director's duty to exercise his powers in the best interests of the company and to recognise the separate legal character of the company are essential attributes of fitness to be concerned in the management of a company. The duties are personal and inescapable. Lord Woolf MR: "A proper degree of delegation and division of responsibility is of course permissible, and often necessary, but total abrogation of responsibility is not. A board of directors must not permit one individual to dominate them and use them, as Mr Griffiths plainly did in this case. Mr Davis commented that the appellants' contention (in their affidavits) that Mr Griffiths was the person who must carry the whole blame was itself a depressing failure, even then, to acknowledge the nature of a director's responsibility. There is a good deal of force in that point." Company Directors Disqualification Act 1986 1 Citers [ Bailii ] Â Regina v Chester and North Wales Legal Aid Area Office (No 12) ex parte Floods of Queensferry Limited Times, 26 December 1997; Gazette, 28 January 1998; [1997] EWCA Civ 3043 18 Dec 1997 CA Legal Aid, Company A company was not entitled to legal aid unless it was clearly acting in a fiduciary capacity; that the assignment of an action is invalid is insufficient to warrant a grant. Legal Aid Act 1974 2(10) 1 Cites [ Bailii ] Â Regina v Secretary of State for Trade and Industry ex parte David Austin Mccormick [1997] EWHC Admin 1166 18 Dec 1997 Admn Company The claimants sought judicial review of decisions made about the future conduct of disqualification proceedings. Company Directors Disqualification Act 1986 1 Cites 1 Citers [ Bailii ] Â Regina v Secretary of State for Trade and Industry ex parte David Austin Mccormick [1997] EWHC Admin 1174 19 Dec 1997 Admn Company 1 Cites 1 Citers [ Bailii ] Â
		Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.

swarb.co.uk - law index

Company - From: 1997 To: 1997